Key Takeaways
• You have 60 days from the last working day or until your I-94 expires (whichever is sooner) to take action.
• Options include: H1B transfer, change to H4/F1, apply for B2, or leave the U.S.
• File any petition before the 60-day grace period ends to maintain lawful status.
• Keep all termination and immigration documents organized.
• Seek help from immigration attorneys and H1B-friendly employers immediately.
Introduction:
Getting laid off is never easy, but for H1B workers, it comes with added stress due to immigration timelines. The good news? USCIS grants a 60-day grace period to figure out your next move. The most important question becomes: “What should I do if I get laid off on H1B?”
This blog will guide you through your options, explain the 60-day rule in simple terms, and help you plan a comeback, especially if you're a tech worker in areas like New Jersey, California, or Texas.
Understanding the H1B 60-Day Rule
If you're laid off while on an H1B visa, USCIS allows a 60-day grace period to remain in the U.S. and find another job or change your immigration status.
When Does the 60-Day Clock Start?
• From the last day you were employed, not the date you received notice.
• If your I-94 expires earlier, the shorter date applies.
Example:
If your last working day is March 1 and your I-94 is valid until September 30, your grace period ends on April 30.
Also Read: What should I do if I get laid off on an H1B visa?
Your Options During the 60-Day Grace Period
1. File an H1B Transfer with a New Employer
• Best-case scenario: you get a job quickly.
• New employer files Form I-129 before the 60th day.
• Once USCIS receives the petition, you can start working.
2. Change to H4 or F1 (Dependent or Student Visa)
• If your spouse is on H1B, file Form I-539 to switch to H4.
• Alternatively, enrol in a program and apply for an F1 visa.
• F1 visas often require admission + SEVIS transfer.
3. Apply for a B2 Visitor Visa
• Allows you to stay in the U.S. longer (up to 6 months).
• Form I-539 must be filed before the grace period ends.
• You cannot work on a B2.
4. Leave the United States
• You can return to your home country.
• Re-enter later if you get a new H1B job offer.
• May require H1B visa stamping at a U.S. consulate (e.g., in Hyderabad or Delhi).
Also Read: How does the 60-day grace period work after losing an H1B job?
Checklist: What You Should Do Immediately
1. Confirm your last working day with your employer (document it).
2. Download your I-94 from CBP portal.
3. Gather:
- Latest pay stubs
- H1B approval notice (I-797)
- Offer letter or termination letter
4. Contact immigration attorneys (preferably within 2 weeks).
5. Start job hunting, target H1B transfer-friendly companies.
6. Update your resume and Techotlist profile.
7. File the next immigration petition before day 60.
Case Study: Anika’s 60-Day Journey in Texas
Anika, a Salesforce developer in Austin, Texas, was laid off in February. She had:
• 60 days from her final paycheck
• An H1B valid till 2026
• A spouse on an H1B with an approved I-140
What She Did:
• Immediately applied for jobs through Techotlist
• Filed for H4 + EAD on day 35 as a backup
• Got a new job on day 45, and her H1B transfer was filed on day 50
Result: She started with the new employer without leaving the U.S.
Pro tip: File multiple petitions if needed to stay safe.
Also Read: Can I switch to F1, H4, or B2 after a job loss on H1B?
Frequently Asked Questions (FAQs)
Can I apply for multiple H1B transfers within 60 days?
Yes, USCIS allows multiple filings. Choose the best offer once approved.
What happens if I miss the 60-day deadline?
You may fall out of status and start accruing unlawful presence, which can impact future visa applications.
Can I work while waiting for an H1B transfer approval?
You can start working once USCIS issues the receipt notice (not necessarily the final approval).
Will changing status to B2 hurt my future H1B chances?
Not necessarily, but it's important to show clear intent and file everything on time.
Questions to Ask Your Immigration Attorney
• Can I file H1B transfer and H4 concurrently?
• Should I wait for approval or start working on receipt?
• Can I travel outside the U.S. during this period?
• What if my new job starts after 60 days?
Also Read: Maintaining Legal Status While Job Searching in the U.S.
H1B Layoffs in Major Immigration Hubs
• In New Jersey, layoffs in banking and pharma sectors are rising.
• In California, especially the Bay Area, tech layoffs require quick action.
• In Texas, companies are more H1B-friendly, especially in Dallas and Austin.
• Indian-origin workers often opt for H4-EAD fallback options due to dual-income households.
Conclusion:
If you lose your job on an H1B visa, you have 60 days to act. This grace period is your window to file an H1B transfer, change status, or leave the U.S. Staying proactive, organized, and informed is the key to avoiding a lapse in status. Use every tool at your disposal, including job platforms like Techotlist, legal guidance, and community networks, to secure your next opportunity quickly and legally.